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HomeMy WebLinkAboutMinutes - City Council - 2003-08-05 - Special Meeting (2) 151 City Council, Special Meeting Civic Center Council Chambers 777 Cypress Avenue, Redding, California August 5, 2003, 6:00 p.m. The Pledge of Allegiance to the Flag was led by Council Member Mathena. I The Invocation was offered by Pastor Jim Jarrett, Calvary Chapel of Redding. The meeting was called to order by Mayor Cibula with the following Council Members present: Kight, Mathena, and Pohlmeyer. Council Member Stegall was absent. Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Fuller, Administrative Services Director Bachman, Development Services Director Hamilton, Senior Planner Manuel, Electric Group Manager Keener, Electric Group Manager Russell, City Clerk Strohmayer, Assistant City Clerk Sherman, and Executive Secretary Stribley. Approval of Minutes - Regular Meeting of July 1,2003, and Special Meetings of July 15, & July 21,2003 I Approval of Payroll and Accounts Payable Registers (A-050-100-500) It is recommended that Accounts Payable Register No.1, check numbers 808793 through 809152 inclusive, in the amount of$3?431,532.15, for the period of July 3; 2003, through July 10, 2003; Accounts Payable Register No.2, check numbers 809153 through 809901 inclusive, in the amount of$8,542,367.44, for the period of July 15, 2003, through July 31, 2003; Wire Transfers for the period of June 27,2003, through July 31,2003, in the amount of $2,205,164.74; Payroll Register No.1 electronic deposit transaction numbers 128270 through 128964 and check numbers 505772 through 506087 inclusive, in the amount of $1,949,476.43, for the period of June 22,2003, through July 5,2003; and Payroll Register No.2 electronic deposit transaction numbers 128984 through 129675 and check numbers 506127 through 506650 inclusive, in the amount of$2,141,877.52, for the period of July 6, 2003, through July 19, 2003, be approved. TOTAL: $18,270,418.28 Treasurer's Report - June 2003 (A-050-100-600) Total Treasurer's Accountability $129,481,746.26 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $180,486,823.04 I ACR133 Report and Cash Reconciliation (F-205-095-650) It is the recommendation of the Administrative Services Director that the ACR133 Report and the Proof of Cash Reconciliation for June 2003 be accepted. Ordinance - Amending portions of Redding Municipal Code Title 18 - Zoning Ordinance (L-O 1 0-500) It is the recommendation ofthe Development Services Director that Ordinance No. 2310 be adopted, an ordinance ofthe City Council of the City of Redding adopting 1) an addendum to the Mitigated Negative Declaration prepared for amendments to the Zoning Ordinance; and 2) amendments to portions of Redding Municipal Code Title 18, entitled "Zoning Ordinance" that correct typographical and cross-referencing errors, comply with recent changes in State law, provide consistency between sections and add certain new provisions. 8/5/2003 152 Ordinance - Repealing Redding Municipal Code Chapter 16.13 "Curb, Gutter, and Sidewalk Requ~reine~ts" and adding a new Chapter 16.13 "Dedications and Improvements" (L-O 10-045) It is the recommendation of the D,evelopment Services Director that Ordinance No. 2311 be adopted, all. ordin~ce of the <;::ity Counc~l of the City of Redding adopting the Mitigated Negative Declaration and repealing Redding Municipal Code Chapter 16.13 "Curb, Gutter, and Sidewalk Requirements" and adding a new Chapter 16.13 "Dedications and Improvements" to Title 16 "Buildings ~d Construction" to require dedication of land/easements to the City for certain public improvetpents and improvements be installed concurrently with construction except as syt fort~ in the new Chapter 16.13 Ordinance - Adopting an addendum to Mitigated Negative Declaration prepared for the Zoning Map; and amendments to the Zoning Map (L-010-500) It is the recommendation of the Development Services Director that Ordinance No. 2312 be adopted, an ordinance ofthe City Council ofthe City of Redding adopting an addendum to the Mitigated Negative Declaration prepared for the' City Zoning Map; and amendments to the City Zoning, Map rezoning certain parcels for cOl)sistency with General Plan classifications pursuant to Rezoning Application RZ-4-03. I Agreement - "Cities That Read" Campaign (A-050-060-450) . It is t4e r~commendation of the Mayor that. the City Council approve the Agreement to participate in California Literacy's "Cities That Read" campaign and designate the City Clerk as City liaison for the campaign to strengthen adult literacy activities in the community. Report of Sale of Redding Redevelopment Agency Property - 1022 State Street (R-030-100-033) , It is the recommendation of the D~uty City Manager that the City Council accept the report from the Redding Re~evelopment Agency regarding the sal,e of property acquired with tax increment funds located (it 1072 State Street (APN !04-280-030) in the amount of$25,000 which occurred on June 26, 2003. Option and Purchase Agreement - Thomason Development, Veterans Home site on Knighton Road (C-070-010 & E-050) , It is the recommendation of the Assistant City Manager that the City Council approve an Option toP~rchase with Thomason Development for a 47-acre parcel located on Knighton Road (APN 054-320-008 & -009) for a Veterans Home site with transfer of title to occur after July 1, 2004; offer 29 acres of said property to the State for the Veterans Home site; direct staffto prepare a General Plan Amendment and begi~ extension of utility services to the property upon acceptance of the' offer by the State; and au~horize the Mayor to execute all necessary documents. I t \ Lease Agreement - Computer Rescue Group (C-070-100 & C-050-240) ; It is the r~commenda~ion ofthe Support Services Dir~ctor that the City Council approve a Lease Agreement with The Computer Rescue Group for a portion of the old Fire Administration building located on Parkview Avenue at no cost from July 1, 2003, to September 30, 2003, or until the Group is able to locate another location or the City needs to clear the property in conjunction with construction of the new library. Resolution - Apprppriating funds for security at Redding Municipal Airport; and I Amended'Agreement - North State Security (B-130-070 & A-090-100) , It is the recommendation of the Support ServicesPirector that Resolution No. 2003-114 be adoptt?d, a resolution of~he City COlfncil of the qty ofR~dding approving and ~dopting the 2nd cpnendm~nt to City Budget Resolution No. 2003-103 appropriating $165,000 for airport security to be reimburseq by the Department o.fHomelan~ Security, Transportation Security Admi~ist~ation (TSA) through the Law Enforcement Personnel Reimbursement Agreement. It is further recommended that the CitY Coun<;il approve the First Amendment to the Professional Services Agreement with North State Security to provide 24-hour security at Redding Municipal Airport through June 30, 2004. 8/5/2003 153 Reimbursement Agreement - Transportation Security Administration (TSA) for law enforcement servkes at Redding Municipal Airport (A-090-100 & F-200) It is the recommendation of the Support Services Director that the City Council approve the Law Enforcement Personnel Recruitment Reimbursement Agreement with the Department of Homeland Security, Transportation Security Administration (TSA) for 100 % reimbursement of costs associated with the TSA requirement to provide one security officer at passenger screening checkpoints at the Redding Municipal Airport effective June 1,2003, through September 30, 2003, up to 16 hours per day, with a TSA option to extend the agreement for up to four additional one-year terms. I Set Public Hearing - Consider formation of an Underground Utility District along Parkview Avenue (E-090-200-900) It is the recommendation of the Electric Utility Director that the City Council set a public hearing for September 2,2003, to consider formation of an Underground Utility District along Parkview Avenue between the Anderson-Cottonwood Irrigation District Canal and the west side of Market Street for the purpose of undergrounding utilities. Resolution - Consenting assignment by WD Energy Services to Alliance Energy Services of Redding Electric Utility's nine (9) gas contracts (E-120-150-600) It is the recommendation of the Electric Utility Director that Resolution No. 2003-115 be adopted, a resolution of the City Council of the City of Redding authorizing the Electric Utility Director to consent to the assignment by WD Energy Services to Alliance Energy Services of nine natural gas Redding Electric Utility (REV) contracts. REU's contractural obligations will be reduced by approximately $55,000 per year for the next nine years. I Resolution - Authorizing participation in the Central Valley Project Corporation (CVP Corp), " approving Membership Agreement, (E-120-900) It is the recommendation of the Electric Utility Director that Resolution No. 2003-116 be adopted, a resolution of the City Council of the City of Redding authorizing: 1) participation in the Central Valley Project Corporation (CVP) Membership Agreement (Agreement) and the Mayor to execute the Agreement, 2) the City Manager to execute Exhibits of the Agreement approved by the CVP Board of Directors that are beneficial to the City, and 3) the Electric Utility Director to act on behalf of the City on all matters of the CVP that provide preservation and enhancement of benefits of power contracts administered through the Western Area Power Administration (W APA). The initial membership fee is $3,480. Monthly Financial Report - Electric Utility (B-130-070) It is the recommendation of the Electric Utility Director that the City Council approve the Electric Utility's Monthly Financial Report for June 2003. Retail power sales revenue is .6 %, or $393,748 below projections and wholesale power sales through June are 29.5 % or $6,046,357 above projections. Operating revenue after energy costs is $1,369,1 02 or 4.9 % above projections. The total cost of electricity through June 2003 is $4,327,560 or 7.3 % above projections. The Utility's net operating results through June is $8,143,185 above plan for the period. I Resolution - Appropriating dedicated bond proceeds for the Redding Aquatic Center Project (B-130-030 & P-050-700-600) It is the recommendation of the Community Services Director that Resolution No. 2003-117 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 4th amendment to City Budget Resolution No. 2003-103 appropriating $33,620 for Redding Aquatic Center. The funds are underestimated proceeds generated by an earlier bond issue to be used for the Aquatic Center. Resolution - Accepting and appropriating grant funds from the U.S. Department of Justice for the Bulletproof Vest Partnership Program (B-130-070/G-100-070/P-150-150) It is the recommendation of the Chief of Police that Resolution No. 2003-118 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 15t amendment to City Budget Resolution No. 2003-103 appropriating $9,840 for personal body 8/5/2003 154 armor for Poli~e officers, and accepting $9,840 from the U.S. Department of Justice through the BulletproofV~st Partne~hip Prog~m wi* 50% required matching funds. Grant Application - U.S. Department of Justice for Local Law Enforcement Block Grant (G-100-070 & P-150-150) It is the recorrnpenqation of tp.e Chief of Police that the City Council authorize submittal of a grant application to U.S. Department <?f Justice through the Local Law Enforcement Block Grant for funds in the amount of $75,246 with required City match in the amount of $7,524 if the grant is awarded., It is proposed th;it the funds be directed to continue the Integrated Public Safety System (IPSS) and the mobile data system programs. Resolution - Approving amendment to the Memorandum of Understanding with Service I Employees International Union, CTP Unit, adding the classification of Stage Technician (P-100-050-124) It is the recorpmendation of the Personnel Director that :Resolution No. 2003-119 be adopted, a resolution Qf the City Counc~l of th~ Gity of Redding aIJ:1ending the Non-Exempt Employee Schedule of Classifications and Hourly Wage ~at~s 'for tp.e Service Employees International Union (SEIU)-Cler,ical, Techn~cal, and Professional Employees' Unit adding the classification of Stage Technician effective August 17,2003. The salary range is $11.72 per hour to $14.96 per hour. Resolution - Adopting the appropriation limit for fiscal year 2003-04 (A-050-135) It is the recommendation of the Administrative Services I?irector that Resolution No. 2003- 120 be adopted, a resolution of the City Council of the City of Redding establishing the appropriation limit for Fiscal Year 2003-04 for the City in the amount of $130,492,575. Set Public Hearin,g - Consider adjustments to the Schedule of Fees and Service Charges (F-205-600) It is the recolJ1Illendation of the Administrative Services Director that the City Council set a public hearing for September 2,2003, to consider the proposed adjustments to the Schedule of Fees and Servi(;es Charges. I Notice of Completion - Bid Schedule No. 3581, traffic signal at South Bonnyview Road and Indianwood Drive (B-050-020 & T -080-700) It is the recommendation of the Devt?lopment Services Director that Bid Schedule No. 3581 (Job No. 2111), traffic sig~al at South Bonnyview Road and Indianwood Drive awarded to H&H EI~ctric Company be accepted as satisfactorily completed and the City Clerk be authorized to file a Notice of Completion. The final contract amount is $177,913. Notice of Completion - Bid Schedule No. 3627, Market Street Water Main (B-050-020 8? W -030-725) It is the reco1Illl1endation of the Development Services Director that Bid Schedule No. 3627 (Job No. 2203), Market Street Water Main, awarded to J. B. Excavating, be accepted as satisfactorily completed and the City Clerk be authorized to file a Notice of Completion. The final contract amQunt is $118,951.39. Resolution - Accepting stre~ts ,a~d improvements for Country Heights Subdivision Unit 15, Phase 4 (S-lOO- 108 & S-070-230) It is the recommendation ofthe Development Services Director that Resolution No. 2003- 121 be adopted, a resolution of the City Council of the City of Redding accepting for I maintenance and operation Winter Green Court, Spicewood Drive, and that portion of Sunglow Drive located in Country Heights Subdivision Unit 15, Phase 4 (S-8-94), located at the end of Sunglow Drive, by Signature-Northwest. It is further recommended that improvement in the Country Heights subdivision Unit 15 be accepted as satisfactorily completed, and the City Clerk i~structed to return securities to the developer. Final Map and Subdivision Agree~e~t - Mary Lake Subdivision Unit 13, Phase 3 (S-100-454) , It is the recommendation of the Development Services Director that the City Council approve the final map for Mary Lake Subdivision Unit 13, Phase 3 (S-8-96), located at the north end of Lakeside Drive, by Mary Lake Development. It is also recommended that the Mayor be 8/5/2003 155 authorized to execute the subdivision agreement and the City Clerk be instructed to file the map with the Shasta County Recorder. I Resolution - Summarily vacating a storm-drain easement at 3622 A vtech Parkway (A-OI0-040) It is the recommendation of the Development Services Director that Resolution No. 2003- 122 be adopted, a resolution of the City Council of the City of Redding summarily vacating a portion of the 15 foot storm-drain easement lying within Parcel 9 of Parcel Map No. 52-91 (3622 Avtech Parkway), requested by Shasta Enterprises, OP (A-5-02). The City secured a new storm-drain easement for this area rendering this portion of the previous easement unnecessary. Resolution - Amending Solid Waste Rates Schedule and Service Policies re Prohibited Items in Dumpsters, Special Pick Up Program, and Establishment fo Fees for Service ~ (S-020-500) It is the recommendation of the Assistant City Manager that Resolution No. 2003-123 be adopted, a resolution ofthe City Council of the City of Redding amending the Solid Waste Utility Rate Schedule (Effective July 1st of the Years 1999 through 2003); and enacting a Special Pick Up Program and Program for Removal of Prohibited Items from Dumpsters. Advance Payment - Caltrans for relocation of a water line on Route 299 (Eureka Way) (W -030- 725) It is the recommendation of the Assistant City Manager that the City Council approve an 80% advance payment to Caltrans in the amount of $450,000 for relocation of a water line on Route 299 (Eureka Way) between Magnolia Street and 11 th Street. In the interest oftime and expense, Caltrans has completed the work, but the written agreement between the City and the State is still awaiting review in the Department of Transportation legal department. I Set Public Hearing - Consider connection fees and rates for Storm Drains, Wastewater, and Water Utilities (W -020- 590/W -03 0-400/S-060-685) It is the recommendation of the Assistant City Manager that the City Council set a public hearing for September 2, 2003, to consider connection fees and rates for Storm Drains, Wastewater, and Water Utilities. Award Request for Proposals - Request for Proposals No. 3653; and Consulting and Professional Services Agreement - Oscar Larson & Associates for the Security Vulnerability Assessment of the City's water and wastewater systems (B-050-1 OO/W -030/W -010) It is the recommendation of the Assistant City Manager that Request for Proposals No. 3653, engineering services for the Security Vulnerability Assessment of the City's water and wastewater systems be awarded to Oscar Larson and Associates in an amount not-to-exceed $42,754 and a contingency fund of$5,000 for a total of $47,754. It is also recommended that the Mayor be authorized to execute a Consulting and Professional Services Agreement with Oscar Larson and Associates to provide said service pursuant to Environmental Protection Agency requirement through the Bioterrorism Preparedness and Response Act of the Safe Drinking Water Act Section 1433(a)(I) to be complete by December 31, 2003. I MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Mathena, that all the foregoing items on the Consent Calendar be approved and adopted as recommended, with the exception of the item approved by separate vote as indicated above. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Kight, Mathena, Pohlmeyer, and Cibula Council Members - None Council Members - None Council Members - Stegall Ordinance Nos. 2310, 2311, 2312, and Resolution Nos. 2003-114, 2003-115, 2003-116, 2003-117,2003-118,2003-119,2003-120,2003-121,2003-122, and 2003-123 are on file in the Office of the City Clerk. ------------------- 8/5/2003 156 LETTER OF RESIGNATION - Winifred Woods from the Shasta Mosquito Abatement & Vector Control District ' ' (B-Q80-480) " , I ; , 'I MOTJON: Made py Council M~mber fol1lmeyer, s~conded by Council Member ,Mathena, aqcepting \\jinifre~ Wooqs' letter ofresigniltiQn from the Shasta Mosquito Abatement and Vector Control District. The Vote: Unal).i~ous Ayes ' , j LETTER OF RESIGNATION from William Cox resigning from the Community Services Advisory Commission ' (B-0~0-128) MOTION : Made by Council Member Kight, seconded by Council Member Pohlmeyer, accepting William Cox's letter of resignation from the Community Services Advisory Commission. Tl;1e Vote: Unanimous Ayes I CONTINUED PUBLIC HEARING - Ge~eral Plan Amendment Application GP A-2-03 and Rezoning Application RZ-5-03 for 2040 Shasta Street (G-030-010 & L-010-230) Mayor, Cibula advised he would abstain from disctl~sion and voting on this iterp. due to ownership of real property in the area. ' The hour pf.7:QO p.m: havi!lg a.rrjved, Vice Mayor Pohlmeyer opened the continued public hearing regarding General Plan' Amel1dment; Application GP A-2-03 and Rezoning Application RZ-5-03 for 2040 S4asta Street by Jeff Morrow. The following docum~nts are on file in the Offic~ of the City Clerk: Affiqavit ofPubl~ca~ion - Notice ofPubl~c Hearing Affidavit of Mailing - Notice of Public Hearing .. j' . City Clerk Strohmayer advised that a letter in opposition to the project was received from J.D. and Patricia Smith and a letter requesting approval ofthe project was received from Jeff Morrow. Seniof)Phmner M~nuel explained that property owner Jeff Morrow submitted General Plan Amendme~t. Applicatjo~ G~ A:-2-03 to reclassjfy property located at 2040 Shasta Street from "Limjted p(fice" to "Residential, 10 to 20 units per acre" and Rezoning Application,RZ-5.- O~, to,rez:oIfe thelpr~perty fro~ "LO pmited Office" to'''RM-15'' Residentiai Multiple Fl,imily I?jstrict. I1e s;tat~d th~t ~r. MQrrQw proposrs to ~evel~p an apartment complex at the locatIOn and requested the change because curre!)t zomng wIll only allow apartments as secondary units com\,>in~d with offices. He recalled that Mr. Morrow received an approved . '". . U se P~rmit an~ Building Permit in 1999 for co.nstruction of a,n 18,000 square foot office building ~n4 noted that the zOQing at that time was "R -4 - Offi,ce/Residential" which would have al~owed a stand ~~one apartment complex. He added that Mr. Morrow's 1999 Building Permit has since expired. I , , ' Mr. Mantlel:recogImeI}ded denial ofth~ G~!1eral,Plan A,t:llend~ent Application GPA-2-03 and Rezopi1).g Application RZ-5-03 for 2040 Shasta Street by Jeff Morrow bas,ed on the curr:ent zoning, access limitations of Rose Avenue which is a sub-standard. street, the n~ighborhood tends toward office use, and no development plan was submitted by the applicant. . In r~sl?onse ,to Council Memb.er Mathena, Mr. Manuel explaiped that a subcontractor qf Caltraps is using the property to store supplies for the Eureka Way Widening Project, and I although it is not a permitted use under City zoning, the City cannot legally stop the use because it involves a State contract. . i ~ ! it, t: I J effMorro~, property owner a!ld develqper, explained that the property was purchased many Years ago, with the intention of d~velop'ing medical of~ce space, but that has since proved fi!lanciall~ ipfeasible. He cQn~e~de4 that t~e 10cl,ltiqI?- is more suited to support apartments arid u*g~d approval of ~he Gl:(neral PI~n Amendment and Rezo!le requests to return th~ property zoning to a <;lesignatiqnsimilar to its pre-2,o00 Gener~l Plan density and asserted that denial ofthe applications will create a financial hardship. 8/5/2003 157 Judith Hollahan, Redding resident, urged denial of the application for apartments because it would increase traffic problems in the area. Joyce Morrow, Jan Grantham, Randy Denham, Dan Morrow, and Wendy Woodward, area property owners, urged support for the project maintaining that the General Plan discourages urban sprawl and excess vehicle usage. They asserted that an apartment project fulfills the spirit of in fill housing and approval will return property in the area to a pre-2000 General Plan density designation. I Vice Mayor Pohlmeyer determined that no other individuals wished to address this matter and closed the public hearing. Council Members Kight and Mathena expressed support for the 2000 General Plan and current property zoning designation recalling the many public meetings for input leading to its adoption. MOTION: Made by Council Member Kight, seconded by Council Member Mathena, denying General Plan Amendment Application GP A-2-03 and Rezoning Application RZ-5- 03 for 2040 Shasta Street by Jeff Morrow. The Vote: AYES: Council Members - Kight, Mathena, and Pohlmeyer NOES: Council Members - None ABSTAIN: Council Members - Cibula ABSENT: Council Members - Stegall ORAL UPDATE ON MAJOR PROJECTS - Fire Station No.8 (A-050-080 & C-050-275) City Manager Warren advised that due to time constraints the item will be deferred to a future meeting. I STATUS REPORT - Sports Complex Project (P-050-600-200) Assistant City Manager Perry advised that the Sports Complex Project is 47 % complete. However, he pointed out there were approximately 77 rain days last winter and it now appears that although the project will be substantially complete by October, additional time will be needed to allow grass growth which will delay the grand opening and move the completion date to sometime in December. Mr. Perry recommended that the City Council accept the progress report for the Sports Complex Project. In response to Sally Riley, representing Construction Industry Force Account Council (CIF AC), Mr. Perry explained that while the Sports Complex Project is a "calendar day" project, the reference to rain days in the staff report relates to the amount of time it takes after a rain for the ground to dry enough for work to resume. He clarified that the statement made in the staffreport that the project is 47% complete refers to progress payments made to the contractor and items specifically completed and noted that the project is actually more than 47% complete. MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Kight, accepting the progress report for the Sports Complex Project. The Vote: Unanimous Ayes I AMENDED LEASE AGREEMENT - Big League Dreams for the Sports Complex (P-050-600-200) Assistant City Manager Perry advised that although the Sports Complex Project will be substantially complete by the projected October date, it is unlikely that all items will be ready for a fully operational park and, in light ofthat fact, Big League Dreams (BLD) has requested moving the acceptance for operation date to between December 1,2003, and February 15, 2004, to ensure full operation of the Sports Complex. Mr. Perry explained that the grassy fields will not be playable until the grass has been allowed to grow for three warm months, the timing of which will depend on the severity of the coming winter. He noted that BLD did not wish to employ staff if the Complex is not fully operational. 8/5/2003 158 Mr., Perry, related that under the Aweement ~i!h. BLP, $250,000 is obligated for fixtures, fUf:Qishings,and equipment. BLD q.as off~re.d to purchase up to $100,000 oftho~e items, none <;>fwhi,ch co~~titute Public Works projects, all are less ill cost than $25,000, and by BLD purchasing these items the City will save staff time. J . ii, I Mr.Perry repommemfed, that the Le~se Agreement ~ith Big League Dreams be ame~ded to revise the date of acceptance for operation of the Sp~rts ~omplex to between December 1, 2003, .and February 15, 2004, due to excessive rains this year; and that the ~ayor be authorized to exec,ute the amt;ndI1.1ent once a Qate ~.as been dete~ined for acceptance for operat~on. He also recommended that BLD pe authori.zed to purchase certain fixtures, furnishings, and equipment as ~et forth in the Agreement in an amount ~ot-to-exceed I $100,000.' .. . Sally Riley, representing Construction Industry Forc~ Account Council (CIF AC), asked why ~here is a lat~r compl~tion date for this staff report than the Sports Complex progress report. Mf. P~rry explained that Big League DreaqIs requested th~t the "Grand Opening" not be held until a~er w~nter so that the new grass has l1a9 at least three good wami months of growth ~nd the fields are playable; the exact date is depeI1dent upon the warmth of the coming winter. He clarified that the Sports Complex Progress Report was the construction . . completiqn date, not the "playable" date. M:QT~ON: Mad~ by Councit Me~be~ P,o!J,lme)'er'i seconded by Coun,cil Member Kight, aut~orizing tl1~ MaYQr to ex~p~te ~n amend!llent to the; Lease Agreement for tl1e Sports , Complex with Big League Dr~~'s .(BLD) rev~sing the d,ate of acceptance for operation of the Sports Ciomplex tq between Dec€(mber 1, 2003, and February 15, 2004, due to excessive nlit:ls this year; and authorizing tl1e ~ayor to execut~ the amendment once a date has been determined for acceptance for operation; and ~uthorizing BLD to purchase certain fixtures, fumjshings, and equipment as set forth in the Agreement in an amount not-to-exceed $]00,000. The Vote: Unanimous Ayes JOINT MEETING. OF THE .CITY COUNCIL. REDDING REDEVELOPMENT AGENCY. AND THE RED~IN~ JOINT _~OWERS FINANCING AUTHORITY I At th~ hoUl~ of 7:02p.m., Vice Mayor/Age,ncy Chair Pohlmeyer cOn.vened the Sp~cia1 Meeting of the Redding Redevelopment Agency for a joint meeting with the City Council and the ReddirIg Joint Powers Financing Authority. . . ; . ,~\ I \ At tpe ,hour of7 :02 p.m., Mayor/ ~utq.o~ty Chair Gib~la convened the Special Meeting ofthe Redding Jqint Powers Financing Authority (Authority) for a joint meeting with the City Council ~ci Redding Regevelopment Agepcy (Agency). RESOLUTI~NS -. Approving the issu~ce and sale .0fTax Allocation Bonds relative to the Ca_nby-H~llt()p-Cypress and Mar~et Street Redevelopment Project Areas (R-03Q-050/,R-030-145/R-015-300-700) .' . Administr~tive Services Director Bachman provided an overview of the Report to City Council dat~d July 28, 2003, recalling that at its meeting of April 21, 2003, the Redding Redevelopment Agency (Agency) directed staff to 4evelop a financing plan to .refinance approximately $22.7 million in existjng debt and issue new bonds to finance.futur~ redevelopment projects in the C~tlby-Hilltop-Cypress and lvJarket Street Redevelopment Project J\,reas. I . I Mr.. Bach.m~n explained that the, inter~st rate may not excee.d 5.5%. He pointed opt .that a1thou~ int~rest rat~s h~ve moved upward s01l}ewhat, it is prudent to 1)ave the paperwork r~ady :shoul~ the interest rates drop, however, savjngs at' present interest rates will be approximately $750,000. \ . \ ~ I \ , , Mr.;Bachm~n clarified t4at the C~by-Hilltop-Cypre~s bond~ fire not-to-exceed $34 mil,1ion and the Market Street ~onds aT~ n9t-to-exceed $6 rpillion, adding that fu.nds received for each bond i.ssuance will fj.~ance projects in each specifi9 area and 4ebt paid by tax increment revenue tax will be specific to eac~ project a!ea with no cross over. . Mr. Ba9h,man recommended adoption of a resolution approving issuance and sale of Tax , .. ~ AI~ocation Bonds in an amount not-to-exceed $40 milliol}. 8/5/2003 159 I MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, adopting Resolution No. 2003-124 a resolution ofthe City Council of the City of Redding approving issuance and sale ofthe Redding Redevelopment Agency Canby-Hilltop-Cypress Project Area (Project Area) Tax Allocation Bonds, 2003 Series A, in a not-to-exceed $34,000,000 aggregate principal amount to provide funds to finance and refinance the redevelopment plan for the Project Area. The Vote: AYES: Council Members - Kight, Mathena, Pohlmeyer, and Cibula NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - Stegall Resolution No. 2003-124 is on file in the Office ofthe City Clerk. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, adopting Resolution No. 2003-125 a resolution ofthe City Council of the City of Redding approving issuance and sale of the Redding Redevelopment Agency Market Street Project Area (Project Area) Tax Allocation Bonds, Series 2003, in a not-to-exceed $6,000,000 aggregate principal amount to provide funds to finance and refinance the redevelopment plan for the Project Area. The Vote: AYES: Council Members - Kight, Mathena, Pohlmeyer, and Cibula NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - Stegall Resolution No. 2003-125 is on file in the Office of the City Clerk. At the hour of7:08 p.m., Mayor/Authority Chair Cibula adjourned the Special Meeting of the Redding Joint Powers Financing Authority. I PROFESSIONAL SERVICES CONTRACT - Staubach Company to perform retail market analysis for the greater Redding area (R-030 & E-050) Electric Group Manager Keener stated that it has become increasingly difficult for retailers to find viable sites for new stores in the Redding area and coupled with the interest of auto dealerships in development of an auto mall, staff determined that a detailed retail market analysis and feasibility study would be increasingly helpful in the decisions the City Council and Redding Redevelopment Agency (Agency) will need to make now and in the future regarding retail trends in the greater Redding area. Mr. Keener recalled that at the City Council meeting of July 1, 2003, Council sub-committees were formed to explore the need for studies relating to a detailed retail market analysis and feasibility of an auto mall in the greater Redding area. He stated that area auto dealerships expressed support for a regional auto mall during meetings with staff and the sub-committees. He related that the sub- committees determined that a single analysis could encompass both stUdies at a lesser cost and it would be prudent to move forward as soon as possible. Mr. Keener stated that staff has reviewed the Staubach Company who developed 12 successful auto malls and works with retail companies such as Costco and Circuit City. The Company has the capability to provide the types of analysis the City is seeking which is to prepare a detailed retail market study for the greater Redding area, inventory and analysis of large-scale retail sites that could accommodate retail development, and prepare a detailed study to determine the feasibility of an auto mall. I Because of its accreditations, Mr. Keener recommended that the City Council and the Agency authorize staff to negotiate and execute a professional services contract with the Staubach Company to prepare a retail market analysis for the greater Redding area with an inventory and analysis of large-scale retail sites, and provide a detailed study to determine if an auto mall is feasible. Said cost would be approximately $86,000 to be shared with the Agency through its Development Partnerships Fund. City Manager Warren added that auto dealers have approached the City in the past and suggested partnering an auto mall. He pointed out that in order to make knowledgeable and informed decisions for partnering an auto mall or those regarding retail economic growth, it is necessary to be able to evaluate current and long-term retail trends, and a detailed retail market study would prove invaluable. He believed it is a necessary tool in order to attract 8/5/2003 160 new retail economic growth to the City and will p~ovide site viability and costs and assist the City in dt::te~ining whet~e,r or I1pt to participate in a proposed partnership wit~ a business considering on locating to Redding. I I ", "\ ,'" i ' R~dy Dynl}.am, B.edding auto d~aler, advised tPilt ,a letter from the auto dealerships ,wa~ forthcoming indicating their stance on the ~uto mall issue which is to find a long-term viable site.that will allow them to continue as auto. dealers for decades. He related that the auto dealerships were also engaged in an, auto m~ll feasibility study and there is a possibility of overlapping information. He suggested that the City meet with the dealerships prior to initiating its own study and determine how to avoid duplication of efforts. In respon~e to Mayor Cibula, Mr. W l\TN.O clari(i~ that the a\fto mall portion ofthe Staubach I contract is approximately $50,000 and t~e rel11ainjng$36,000 is the cost for the r~tail market analysis. He suggested that the City Council authorize negotiation of the contract pending approval by tl~e sub-committees who could meet with the dealerships to el1sure infofl11ation won't be duplicated. Council Members Pohlmeyer, M,athena, and ,Kight favort::d moving forward with the study believ~ng that time was of tlW essence and any infqrmation gathered by either consultant wo'uld not res~lt in total duplication but would be presented as a different perspective and therefore offer more alternatives. , " . I Mayor CiJ:m,la stated tha~ although h~ support~d the auto !llall, he would not support moving forward with the agreement ,negotiat.i<?n unless. an additional meeting between the sub- committe~ and the auto deale~s is held to ensure information ~s not duplicated. ,He also urged that t~e scope of the retail market' analysis not cover information normally acquired by prospective reta,il developers at their own cost. . City Manag~r Warren assured the, City Council that a~ditional meetings with the auto dealers would be held during the study process. He pointed out that the retail analysis portion ofth~ study will include all of Shasta County and may prove beneficial to the Downtown area as well. John Schlatt, Redding resideQt, expressed conce~ that there is no guarantee the auto dealerships will move to a City selected a~to mall site arld ~ guarantee shouJd be in place before City funds are expend~d. I t . : MQTIO~: Made by COlmcil1v,1ember Kight, secQnded by Council Member Pohlmeyer, authorizing negotiati(;m and ~xecution, of an Agreem.ent with the Staubach Company to prepare a, retail market analysis and regional auto mall feasibility study for the greater Redding area tc? be split equally between the City and the Agency at approximately $43,000 each. The Vote: AYES: NOES: ABSTAIN : ABSENT: Council Members - Kight, Mathena, and Pohlmeyer Council Members - Cibula ,." . Councjl Members - None Council Members - Stegall At the hour of 7:45 p.m., Vice Mayor/Age~cy Chair Pohlmeyer adjourned the Special Meeting of the Redding Redevelopment Agency. I : , .. I SET PUBLIC HEARING - Appeal of Use Permit Application UP-I-03, on property lpcflted at 1505/1515' pana Drive, by Wal-Mart Stores, Inc., filed by Attorney William D. Kopper (L-01O-390) . I City Manager Warren related t4at on July 8, 2093, the Redding Planning Commission cqnditionally approved Vse P~rmit ApRlication UP-I-03, on property located at 1505/1515 Dana Drive, by.Wal-Man Stores, In~. for expansion of its Redding Wal-Mart store. On July 17,2003, Attorney William D. Kopper filed an appeal ba~ed on environmental, noticing, and project descriptio~ issues. I I:: . City, Man~g~r W~en recommet)ded that the public hearing to consider the appeal of Use Permit Application UP-I-03 be set for October 7,2003. Debra Atlas, representing the National F~derat~on of Independent Business, expressed concerns regarding the adverse affect of an expanded W al- Mart store on smap businesses in the area. 8/5/2003 161 MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, setting the public hearing for October 7, 2003, to consider the appeal of Use Permit Application UP-I-03, on property located at 1505/1515 Dana Drive, granted to Wal-Mart Stores, Inc., filed by Attorney William D. Kopper. The Vote: Unanimous Ayes I ORDINANCE - Amending Redding Municipal Code Chapter 14.04 - Underground Utility Districts, requiring reimbursement to property owners for converting overhead to underground utility services (E-090-200) City Manager Warren provided highlights of the Report to City Council explaining that when the City decides to underground utilities in an area, the current Redding Municipal Code (RMC) Chapter 14.04 requires property owners to absorb costs relating to undergrounding of overhead utility lines. He stated that the City Council at its meeting of June 17, 2003, authorized staff to amend RMC Chapter 14.04 to require that Redding Electric Utility (REU) reimburse property owners in Underground Utility Districts for reasonable costs of converting to underground utilities. He added that the ordinance also includes some language clarification. Mr. Warren recommended that the ordinance be offered for first reading to amend RMC Chapter 14.04, Underground Utility Districts requiring reimbursement to property owners in Underground Utility Districts for reasonable costs associated with converting overhead to underground utility lines; and clarification of other language in RMC Chapter 14.04. MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Mathena amending portions of Redding Municipal Code (RMC) Chapter 14~04, Underground Utility Districts requiring reimbursement to property owners in Underground Utility Districts for reasonable costs associated with converting overhead to underground utility lines; and clarification of other language in RMC Chapter 14.04. The Vote: Unanimous Ayes. I Council Member Pohlmeyer offered Ordinance No. 2313 for first reading, an ordinance of the City Council of the City of Redding amending portions of Redding Municipal Code Chapter 14.04, Underground Utility Districts. MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Mathena, that the full reading of Ordinance No. 2313 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes. NOTICE OF COMPLETION - Bid Schedule No. 3520, Redding Aquatic Center (B-050-020 & P-050-700-600) Administrative Services Director Bachman explained that Bid Schedule No. 3520, Job No. 9584, Redding Aquatic Center, has been satisfactorily completed by Dale Construction as of May 23,2003, for a final contract price of$4,512,240.84. He pointed out, however, that a change order calling for hydro seeding a portion of the Aquatic Center was added to the Bid contract at a later date but it was understood that the optimal time for hydroseeding is in the fall. In the interest of opening the Aquatic Center for its summer schedule Dale Construction agreed to return in the fall to complete the hydro seeding. Mr. Bachman recommended that Bid Schedule No. 3520, Job No. 9584, Redding Aquatic Center,. awarded to Dale Construction be accepted as satisfactorily completed and the City Clerk be instructed to file a Notice of Completion. I Sally Riley, representing Construction Industry Force Account Council (CIF AC), questioned returning the full retention amount to the contractor prior to completion ofthe landscaping. She urged the City Council not to release the total amount of retention but retain the costs for completing the landscaping. Mr. Bachman responded that the contractor is very dependable and the value of the hydro seeding compared to the amount of funds in retention are not proportional. While Council Member Kight acknowledged the contractor's proven dependable track record, he was concerned that releasing the retention prior to completion of the project would set a precedent. 8/5/2003 162 MOTION: Mad~ by Council Member Kight, sec~nded by Council Member Pohlmeyer, approving the Nottce ofCompl~tJon an~ qire~ting the City Clerk to defer recor9ation ofthe Notice of Completion until after hydrose~ding is accomplished at the Aquatic Center, and authorizing return of retention less the amount necessary to perform hydroseeding. The Vote: Unanin;lOus Ayes. , CONTINGENCY FUND - Bid Schedule No. 3365, Turtle Bay Pedestrian Bridge Glass and Granite Deck' .. , (B-050-020 & S-070-050-500) City Engineer GOQdwin reca~led that pursuant to the Pedestrian Bridge Funding Agreement (Agreement) with the AIJi~pce of Redding Mu~eu~s (A,R;M), the City awarded Bid Schedule I No. 3365 (Job No. 9036), Turtle Bay Pedestrian Bridge Glass and Granite Deck to Kiewit Pacific C<;nppany in the amou,nt of $2.4 millton with a contingency fund in tp.e atnount of $240,900. The Agreement also provided for the City to contribute up to $1,565,000 for the project. All costs in excess of this amount are to be paid for by ARM, including any costs associated with cl1ange orders. On September 17, 2002, the City Council increased the contingency fund to $390,000 to cover existing and unexpected change orders. Mr. Goodwip advised that the design engineer has now made a change on the glass;deck system that win elimi,nate the possibility of water getting in between the 2-ply glass panels which would have caused aesthetic and maintenance problems but will increase costs. , ' I Mr. Goodwin recommended t!tat the City Council approve the request by ARM to increase the contingency fund from $390,000 to $710,000. In ac,?ordance with the funding agreement, ARM will reim~urse the City for th~se additional costs. Sally Riley, representi,ngConstruction Industry Force Account Council (CIF AC), questioned why funqs were not paid by ARM directly to tge contractor, Kiewit Pacific Company, rather than the City advancing funds. City Engineer Goodwin explained that because the bridge deck is partially funded with State Transportation Improvement Program (STIP) funds, payment must be made through a governmental agency such as the City. I MOTION: , Made by Council Mem1?er Kight, seconded by Council Member Pohlmeyer, inc~easing the contingency fund for the Turtle Bay Pedestrian Bridge (Bridge) from $390,000 to $710,000 to provide funds to Kiewit Pacific Company for the Bridge deck design contract change order. The Vote: Un~nimous Ayes. RESOLUTION - Declaring Ke~~o Inc. dba McGrand & Associates, in default of and canceling the public wor~s contract for Phase 1, Parallel Westside Interceptor Project, Bid Schedule No. 3414 (B-050-020 & W-070-610) City Manager Warren recalled that on February 5, 2001, the City Council awarded Bid Schedule No. 3414, Job No. 2076, Phase I Parallel Westside Interceptor Project to McGrand & Associates d. b.a. Kenko, Inc. in the amount of $15,477,000. The proj ect completion date, including change orders and related time extensions was December 26, 2002. As of August 1, 2003 tpe project is still incomplete with 20 punchlist items unfinished. I . Mr. Warren pointed out that on February 28,2003, Kenko closed its local construction office although the project engineer remained on the project. He advised that although workers have appeared sporadically at the project, it is still not cOtnplete. A letter was sent to Kenko I setting a deadline of July 14, 2003, fQr completion of the project or face declaration of default and performance bond claim. He stated no work was done by Kenko after receipt of the letter. Mr. Warren recommended ~doption of a resolution declaring Kenko in default and canceling Public Works Bid Schedule No. 3414, Job No. 2076, Phase I Parallel Westside Interceptor Project. Sally Riley, representing Construction Industry Force Account Council (CIF AC), pointed out that prior to the award of bid to Kenko for this project, several persons came forward to .express concern regarding the ethics Qfthe contractor and citing other work not completed 8/5/2003 163 as agreed. At that time, she said it was suggested that the City not award bids to contractors who are known to be less than responsible bidders and it was also pointed out that systems for pre-qualification are available to public entities allowing disqualification of known problem contractors. I City Manager Warren explained that the City is in the process of developing procedures for pre-qualification of contractors relating to the bid process. This will allow the City to pre- disqualify contractors who have not performed as agreed on other contracts. He concurred that Kenko did not perform as agreed for a contract in the 1980's, but because documentation was not done at that time, the City was required to allow them to submit a bid and accept their low bid for this project. City Attorney Fuller explained that pre-qualification procedures differ from pre- disqualification or debarment and that after staff develops the appropriate procedure, a recommendation will be brought to City Council for consideration. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, adopting Resolution No. 2003-126 a resolution ofthe City Council of the City of Redding declaring Kenko Construction, Inc. in default of and canceling the Public Works Contract (Bid Schedule No. 3141, Job No. 2076) for Phase I Parallel Westside Interceptor Project. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Kight, Mathena, Pohlmeyer, and Cibula Council Members - None Council Members - None Council Members - Stegall Resolution No. 2003-126 is on file in the Office ofthe City Clerk I ADJOURNMENT There being no further business, at the hour of7 :53 p.m., Mayor Cibula declared the meeting adjourned. APPROVED ATTEST: L~~ City Clerk I vJ ., ~ I 8/5/2003